[HISTORY: Adopted by the Town Board of the
Town of Southampton 12-13-1983 by L.L. No. 10-1983. Amendments noted
where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 123.
Coastal erosion hazard areas — See Ch. 138.
Flood damage prevention — See Ch. 169.
Historic landmarks and documents — See Ch. 194.
Junkyards and junk dealers — See Ch. 199.
Landfills, transfer stations and scavenger wastes — See Ch. 205.
Low-income, moderate-income, and senior citizen housing — See Ch. 216.
Mined land reclamation — See
Ch. 223.
Protection of natural resources — See Ch. 229.
Old filed maps — See Ch. 243.
Open space — See Ch. 247.
Subdivision of land — See Ch. 292.
Wetlands — See Ch. 325.
Zoning — See Ch. 330.
This chapter will be known as the "Town of Southampton
Environmental Quality Review Law."
The purpose of this chapter is to implement
for the Town of Southampton the provisions of the State Environmental
Quality Review Act and the State Environmental Quality Review Regulations,
thereby incorporating environmental factors into the existing planning
and decisionmaking process.
This chapter is adopted under authority of the
Municipal Home Rule Law, the State Environmental Quality Review Act
and the State Environmental Quality Review Regulations.
A.
EAF
EIS
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)
As used in this chapter, the following terms shall
have the meanings indicated:
Environmental assessment form.
Environmental impact statement.
Article 8 of the Environmental Conservation Law, which is
Chapter 43-B of the Consolidated Laws of the State of New York.
B.
All other terms for which definitions are given in
SEQRA and/or Part 617 have the same meanings in this chapter.
All agencies, boards, departments, offices,
other bodies or officers of the Town of Southampton must comply with
SEQRA, Part 617 and this chapter to the extent applicable prior to
carrying out, approving or funding any action, other than an exempt,
excluded or Type II action.
A.
The lead agency is the agency (i.e., board, department,
office, other body or officer of the Town) principally responsible
for carrying out, funding or approving an action. The lead agency
is responsible for determining whether an EIS is required for the
action. The lead agency is responsible for determining whether an
EIS is required for the action and for preparing and filing the EIS
if it is required.
B.
Where more than one agency is involved, the lead agency is determined and designated as provided in Section 6 of Part 617.
[Amended 7-10-1990 by L.L. No. 19-1990]
C.
The Planning Board will be the Town clearinghouse
for lead agency designation. It will assist agencies and applicants
to identify other federal, state and local agencies that may be involved
in approving, funding or carrying out Type I and unlisted actions.
The clearinghouse will make recommendations on the designation of
lead agencies for particular actions.
A.
When any agency, department, body, board or officer
of the Town of Southampton contemplates directly carrying out, funding
or approving any Type I action, a full EAF must be prepared by it
or on its behalf. When an unlisted action is contemplated, either
a full or short-form EAF, as appropriate, must be prepared. The EAF
forms given in Appendixes A, B and C of Part 617 will be used as models,
but may be modified to meet the needs of particular cases. However,
the final scope of such a modified EAF must be at least as comprehensive
as the scope of the model forms.
[Amended 7-10-1990 by L.L. No. 19-1990]
B.
When any person submits an application for funding
or a permit or other approval of a Type I or unlisted action to any
agency, department, body, board or officer of the Town, an EAF must
accompany the application. For Type I actions, a full EAF must be
prepared; for unlisted actions, either the full EAF or the short form
may be used, as appropriate. An applicant may choose to prepare a
draft EIS in place of an EAF.
C.
The lead agency must make a determination of environmental significance of the action. This determination must be based on the EAF or, with respect to unlisted actions, its own procedures, as the case may be, and on such other information as it may require. The criteria stated in Section 11 of Part 617 must also be considered by the lead agency in making its determination of significance. The determination must be made within 20 days of its designation as lead agency or with 20 days of its receipt of all information it requires, whichever is later.
[Amended 7-10-1990 by L.L. No. 19-1990]
D.
For Type I actions, the lead agency must give public notice and file a determination of nonsignificance as provided in Subdivision 10(a)(3) of Part 617. For unlisted actions, the lead agency must send a determination of nonsignificance to the applicant and maintain its own records thereof in accordance with Section 6 and Subdivision 10(e) of Part 617.
[Amended 7-10-1990 by L.L. No. 19-1990]
E.
If the lead agency makes a determination of nonsignificance,
the direct action, approval or funding involved will be processed
without further regard to SEQRA, Part 617 or this chapter.
F.
The time of filing an application for approval or
funding of an action commences from the date the determination of
environmental nonsignificance is made. If the applicant prepared a
draft EIS in lieu of an EAF, the time of filing commences from the
date the lead agency accepts the draft EIS as adequate in scope and
content and commences the public comment period.
A.
If, based on review of the EAF and other information,
the lead agency determines that the proposed action may be environmentally
significant, then an EIS must be prepared.
B.
If an EIS is required, the lead agency must proceed as provided in Sections 8, 9 and 10 of Part 617. The draft EIS will normally be prepared by the applicant. If the applicant fails to prepare a draft EIS or prepares a draft EIS which is unacceptable to the lead agency, the lead agency may either prepare a draft EIS itself, discontinue further processing until the applicant can provide an acceptable draft EIS or deem the application abandoned and discontinue review.
C.
If a public hearing is held on the draft EIS, it must,
whenever possible, be concurrent with any other hearing on the application.
[Amended 4-26-1988 by L.L. No. 5-1988]
A fee shall be charged for the review or preparation
of the draft EIS, and scoping shall be considered part of the draft
EIS for purposes of determining the fee. Such fees will be equal to
the maximum allowable under Section 617.17 of Part 617 of the New
York Codes, Rules and Regulations. No agency shall have the authority
to waive or modify this fee.
[Amended 8-14-1984 by L.L. No. 13-1984]
A.
Critical areas of environmental concern will be designated,
from time to time, by resolution of the Town Board in accordance with
provisions of Subdivision 14(g) of Part 617.
[Amended 1-26-2010 by L.L. No. 4-2010]
B.
The following have been designated by the Town Board
as critical areas of environmental concern:
(1)
The Aquifer Protection Overlay District.
(2)
The Central Pine Barrens area as defined in § 57-0107(10)
of the New York State Environmental Conservation Law as same may be
amended from time to time.
[Added 5-8-1990 by L.L. No. 13-1990; amended 9-26-1995 by L.L. No. 46-1995]
(3)
Freshwater wetlands and adjacent areas currently subject
to regulations by New York State Department of Environmental Conservation
pursuant to Article 24 of the Environmental Conservation law of the
State of New York.
[Added 5-8-1990 by L.L. No. 13-1990]
(4)
Areas of particular concern with respect to locations
having social, cultural, historic, archaeological or educational importance:
[Added 7-24-1990 by L.L. No. 21-1990]
(a)
Shinnecock Indian Contact Period Village Fort
preliminary boundary for the area bounded on the north by the Long
Island Railroad, on the east by Bath House Road-Ridge Road, on the
south by the Montauk Highway and on the west by Peconic Road, being
a boundary that may be adjusted upon supplementary archaeological
studies.
(b)
Sugar Loaf Hill Shinnecock Indian Burial Grounds
and Archaeological Resource area bounded on the north by Montauk Highway,
on the east by Eastway and Southway Drives, on the south by Shinnecock
Bay and on the west by the westerly right-of-way line of South Beach
Road.
(c)
Sites identified in the Town of Southampton Cemetery Study, as adopted
and amended from time to time by resolution of the Town Board.
[Added 1-26-2010 by L.L. No. 4-2010]
(d)
Sites determined to be locations in which human remains and/or funerary
objects are likely to be interred as specified by the Town Landmarks
and Historic Districts Board Cultural Resources Subcommittee’s
Inventory Map, as adopted and amended from time to time by resolution
of the Town Board.
[Added 1-26-2010 by L.L. No. 4-2010]
[Amended 7-24-1990 by L.L. No. 21-1990; 10-23-2001 by L.L. No. 41-2001; 12-12-2006 by L.L. No. 60-2006]
B.
In addition, the following are deemed Type I actions:
(1)
Motel and hotel complexes of 20 units or greater.
(2)
New sand, gravel or beach mining operations.
(3)
Parking facilities or other facilities with an associated
parking area where the total number of parking spaces, including both
existing and proposed parking, is 50 spaces or greater.
(4)
Subdivisions of residential land within the Agricultural
Overlay District, except Conservation Opportunities Subdivisions that
do not exceed the thresholds of this section.
(5)
Within a critical area designated to protect cultural, historic, archaeological or educationally important resources under § 157-10B, no Type I action or unlisted action shall cause land to be cleared, regraded, filled, excavated or built upon until an archaeological examination of the site area has been conducted and submitted to the Planning Board for review. An application for a building permit for a one-family dwelling within an approved subdivision plat which has undergone archaeological examination is not a Type I action under this chapter.
(7)
Formal planned development district (PDD) applications pursuant to § 330-244C.
[Added 5-24-2011 by L.L. No. 18-2011]
(a)
In reviewing Agricultural PDD applications, the Town Board shall
consider the Town of Southampton’s Final Generic Environmental
Impact Statement (FGEIS) for Agricultural Opportunities Subdivision
dated March 2001.
(b)
Further SEQRA review shall be required if and when an applicant submits
a subdivision application for a parcel that has been zoned as an agricultural
PDD.
[Amended 10-22-1985 by L.L. No. 8-1985; 5-10-1988 by L.L. No. 6-1988; 5-8-1990 by L.L. No. 13-1990; 10-23-2001 by L.L. No.
41-2001; 12-12-2006 by L.L. No. 61-2006]
This chapter shall take effect immediately upon
filing in the office of the Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law. A copy of this chapter
must be filed with the Commissioner of the Department of Environmental
Conservation.
